People v.

Collado
April 30, 1991
Medialdea, J.
PETITIONERS
People of the Philippines
RESPONDENTS
Fernando Collado, Crisanto Lara (accused-appellant), Felix Elex Collado, Romeo Gloriani
NATURE
APPEAL from the decision of the RTC of Sta. Cruz, Laguna, Br. 26
BRIEF
4 Robbers killed an old woman
FACTS
The accused 4 are charged with crime of robbery with homicide before the RTC
(April 15, 1986) Fernando Collado and Crisanto Lara pleaded not guilty. Romeo Gloriani and Felix
Collado remained at large
(Sept. 9, 1986) Fernando Collado withdrew his plea of guilty and pleaded guilty as an accomplice
So, Lara was tried based on the previous merits, and he was found as the principal in the crime of
robbery with homicide and was sentenced to reclusion perpetua
Basically this present appeal was by Crisanto Lara.


(Jan. 18, 1985) Lara went to the house of Honorio de los Santos in Pila and proposed that they hold-
up Maria Regay but he was twice denied by Delos Santos
(Jan. 20, 1985) @around 7 am, Josefina Buenaflor, daughter of the victim Maria Regay saw Lara on
the road walking to and fro bet. His house and her house
(Jan 20, 1985) @around 10 am, Mario Marasigan, son-in-law of the victim who was cutting trees saw
Felix and Fernando standing on either end of the pathway leading to brgy. Pansol and concepcion as
if waiting for somebody. He also saw Lara and Gloriani at the pathway. Lara was holding a piece of
wood while Gloriani was hiding behind a coconut tree.
(^same d) after a few minutes, he saw the victim walking along the pathway at a distance of more or
less 40 m from him. Felix who was at the end of the pathway hid himself and Lara is now behind a
coconut tree. Lara then struck her on the face with a piece of wood, a guava branch with a diameter
of 2.5 inches with such strong force that the old woman fell on the ground. Lara then hid himself
and Gloriani dragged the victim for about 5 meters to a coconut tree where he pulled out his knife
and after stabbing her once, she appeared to have gained consciousness. She struggled on her back,
rolling on the ground as Gloriani continued stabbing her. The weapon used by Gloriani for stabbing
was a double bladed dagger around 6-7 inches long excluding the handle.
Marasigan was so surprised to see his uncle hit his mother-in law that he was not able to shout (C
CRISANTO LARA ANG UNCLE NYA)
When the old woman stopped struggling, Gloriani pulled up her skirt and cut a cord tied around her
waist where she kept her money. Lara reappeared and he left with Gloriani followed by the Collados
who took the same route through the fence towards Fernandos house.
Marasigan went down the tree but did not go near the victim and did not tell his relatives bec. Lara is
his uncle. He left the place at around 10:30 am and did his normal work.
(Jan 20, 1985) @around 10 am so same morning, Josefina Buenaflor was told by her sister that their
mother who attended a wedding feast at Mojon has not yet returned home. So they looked for her at
the coconut plantation (her usual route to Mojon) but they failed to find her. Neighbors also didnt
know
(Jan 20, 1985) @around 3 pm a certain Ugid Balatibat told Josefina that he saw Maria Regay sprawled
on a coconut plantation. Josefina and her sister ran to reach the place but around 3 coconut
plantations away where they eventually found their mother, Lara told them not to touch the body of
their mother as there were no policemen yet at that time.
(Jan 21, 1985) Josefina was finally able to see her moms body. She was with barrio mates and
policemen.
Her mother had a kacha tied on her waistline where she kept her earnings from selling pigs and
chickens that she raised. When the mom was found dead, the kacha was no longer there. Her Seiko
watch worth 500 pesos was also not in her pocket anymore.
The wake of Maria Regay lasted for 5 days and the fucker Lara even attended the wake and looked at
the cadaver often. He even solicited donations from tricycle drivers.
Dr. Rosauro Pramil conducted an autopsy, and he said that the victim had already shown a sign of
putrefactive changes as shown by the appearance of small worms on the eyes, nose and ear
openings. The body was emitting an unfavorable odor which suggest more than 4 hrs have passed
since death. ETD is 10 AM of January 20.
External Findings: There was a depressed fracture on the head region and on the left temporal with
contusions. There is also a periorbital contusion on the side of the head. There were multiple stab
wounds on the chest and the back (about 9:2 (wtf is this?) stab wounds on the left and right area
below the clavicle, one on the right breast, stab wound on the left breast, stab wound on mid portion
of the chest etc etc) in extremities, right forearm had a closed and complete fracture at the 3
rd

radioulna bones. Left upper arm was almost macerated which could be the result of a stray dog bite.
Internal Findings: Extradural Hemorrhage on the left temporal area; intrapleural hemorrhage on the
chest due to wound on both lungs. Heart was not hit.
Affected body parts: brain, lungs, bones, abdominal region
Cause of death: PULMONARY FAILURE SECONDARY TO LUNG DAMAGE. Examiner cannot ascertain
victims position but probably the victim was not facing the evil when she was hit
After 15 days, Mario Marasigan finally reported the matter since he was bothered by his conscience.
CRISANTO LARA DEFENSE: He was @ Laguna Prov. Hospital since his nephews body was swollen and
stayed there until around 2pm. Then he went to the house of his nephews father and cooked food.
He went to sleep @a round 6: 30 pm. He denied Mario Marasigans claim that he struck the victim
with a guava tree branch because his left hand is amputated and his right hand is pasmado. His
right hands forefinger is severed and basically his fingers are deformed (bec. Of palay milling). He
claimed tha this right hand cannot hold a knife but he was able to grasp a stamp pad in the court.

Fernando Collado said that Lara was not with them during the commission of the crime but this looks
like an afterthought bec. he implicated the abused at the police station.
ISSUES x RULING
1. WON Crisanto Lara is Guilty beyond reasonable doubt
YES. Mario Marasigans positive identification testimony. Medicolegal stated that the victim was hit by a hard
object. Lara is still able to work as a banana buyer even when his hand is damaged, and he is right-handed (left
hand ang amputated). Honorio delos Santos subsequent statement that he knew of Laras plans (although 2 yrs
late ang admission). Nephew never confirmed that accused was at the hospital.
TRIAL COURT AGGRAVATING CIRCUMSTANCES: disregard of age and sex, uninhabited place, taking advantage of
superior strength and evident premeditation.
SC AGGRAVATING CIRCUMSTANCES: evident premeditation and disregard of respet due to offended party by
reason of rank/sex/age should not be taken into account because the crime is robbery. So bale ang natira ay
uninhabited placeand taking advantage of superior strength
DISPOSITIVE
Decision appealed is affirmed. LARA IS GUILTY.